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QLD Shared House - No Contract - Do I Have Legal Obligation?

Discussion in 'Property Law Forum' started by Matty, 10 November 2014.

  1. Matty

    Matty Active Member

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    Hi All,

    I'm in a Shared house in Brisbane QLD in a house I found on Gumtree as it was going to be for less than a year. I never signed a contract upon living there and the only thing I signed was this Ray White Tenancy Application Form months after living there to say that I was actually living there:

    http://d3qtx5cwjhbvrw.cloudfront.ne...1161683630-1338015474-original.pdf?1338015474

    I will be leaving shortly and the people I rent from, who also live in the house, want me to sign an agreement to say that I will continue paying until I have fulfilled all of their "requirements" including "professional" carpet cleaning.

    I signed that EXACT Ray White form, I don't see any conditions of living there and any exit requirements. I also do not feel comfortable signing the exit form they want me to considering I never agreed to any of that when I started.

    Now to be fair, I don't mind getting the carpets professionally cleaned for the room I used. I'm just not comfortable saying that I will continue paying rent until they are happy...

    Do I have any legal obligation to sign this form and do I have to do the these things they have asked?

    Thanks for any help!

    I'll just add that there was also no verbal agreement stating I would have to fulfil any of their conditions upon exit.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Matty,

    It appears as though your legal position is that of a sub-lessee. The RTA recognises share housing as arising from a sub-tenancy situation where by one or more occupants (the head tenants who themselves are leasing the property and are named on the primary lease) establish a sub-lease with other occupants.

    There is no requirement that a sub-lease arrangement be in writing however if a bond is taken it must be registered with the RTA. (I don't know if one was taken in your case - I assume not since they are trying to gain security by making you sign the agreement to continue paying until they are satisfied it is in satisfactory condition after you leave).

    You are still however required to adhere to any terms of the verbal agreement that you entered into, which it appears you intend to.

    You are not required to sign any other agreement that they put in front of you to say you will keep paying until they are happy with the place. It is their fault if they didn't put into place a proper agreement at the start of your sub-tenancy stipulating all the requirements and taking a bond from you which would have protected them in the event you left the place in a mess.

    I would suggest that you calmly and amicably refuse to sign any agreements but assure them that your rent will be paid up until you leave and that you do intend to leave your room in the condition it was in when you moved in and get your carpets professionally cleaned.

    If you want further confirmation or information contact the Residential Tenancies Authority on 1300 366 311.
     
    Matty likes this.
  3. Matty

    Matty Active Member

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    Hi Sophea,

    Thank you for your detailed response. The information you provided was very helpful!

    Thanks :)
    Matt.
     

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